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State of Bihar - Section

Section 25 in The Bihar Private Forest Act, 1947

25. Manner in which Forest Settlement Officer should pass orders.

(1)The Forest Settlement Officer shall, when passing orders under Section 24,-
(a)decide what fraction of the timber and other forest produce of the forest notified under sub-section (3) of Section 15 shall be allotted to the right holders;
(b)prepare a list of the names, father's names, castes, residences and occupation of the right-holders;
(c)decide the maximum amount of timber and other forest produce to which each right-holder is entitled;
(d)determine the number and description of the cattle, if any, which the claimant is from time to time entitled to graze in the forest and the season during which such pasture is permitted;
(e)consider the capacity of the forest to supply, without danger to its conservation, the requirements of the right-holders.
(2)In deciding what fraction of the timber and other forest-produce shall be allotted to the right-holders, the Forest Settlement Officer shall have regard to-
(a)the entries in any record-of-rights prepared and finally published under any law for the time being in force and the value to be attached to such entries under such law;
(b)any evidence to show the amount of forest-produce which the right holders have taken from the forest notified under sub-section (3) of Section 15 for their fuel or other domestic or agricultural purposes;
(c)any evidence to show the attempts if any, made by the landlords of the right-holders to preserve the said forest; and
(d)any other evidence to show the respective rights of the landlord and right-holders in the said forest; and
(e)the extent of forest not included in the forest notified under subsection (3) of Section 15 and still available for exercise of the rights of right holders.